Drafting a new constitution

[Kaspar]

As per Senate thread.

Input sought from everyone

[Kaspar]

CONVENTION
BETWEEN
ELWYNN, AMOKOLIA AND HURMU
ON THE GOVERNMENT OF THEIR UNION

I.
ALONDOR ELLION, AMOKÔLIAR O ERIMÔON
JOIJNIE D'L'ELWYJN, L'AMOKOLIË ÜND L'EERMIUJ
B-UKTALO W-ELWIN, W-AMOKOLYA LA B'-U-HURMU
[Union of Elwynn, Amokolia and Hurmu]

Section 1

Elwynn, Amokolia and Hurmu are united in one body-politic and Union under the name the Union of Elwynn, Amokolia and Hurmu.

Section 2

The Government of the Union is divided into three branches: the Senate of the Union, the Court of the Prince and the Supreme Court of the Union.

Section 3

Citizenship in the Union extends to the nationals of Elwynn, of Amokolia and of Hurmu, to such individuals naturalized as citizens of the Union in accordance with law, and to such individuals who by international agreement are considered citizens of the Union.

Section 4

(a) The jurisdiction of the Union covers the territories of Elwynn, of Amokolia and of Hurmu.

(b) The jurisdiction of the Union also extends to the Union territories.

Section 5

The Union is by its constituent States -- Elwynn, Amokolia and Hurmu -- entrusted with the legislative, executive and adjudicative competences listed in the first annexe to this Convention.

Section 6

The Union is open for membership to all peace-loving States respecting the Rights and Freedoms of the Person. Membership is effected by amendment to this Convention.

Section 7

Elwynn, Hurmu and Amokolia shall each have authority to seek their independence from the Realm, the process and ratification of which shall be determined by an act of the Senate.

LE AÎL O AURAI NIERON
AIGHT ÜND FRIJDEM D'L'PERSON
BE-YIL- LA B-AN'EBLEN-KA B'-U-KARJAK
[Rights and Freedoms of the Person]

Section 1

All persons are born equally free and independent, and have unalienable rights, among which are the enjoyment and defence of life and liberty and pursuing and obtaining happiness and safety.

Section 2

(a) No person in the Union, whether born in the country or brought over from across seas or borders, or any person in the Union's protection, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that is an offence under codifed or common law in the Union.

(b) No person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated.

Section 3

No person may be condemned to death. The right to life of a person is inviolable.

Section 4

No person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.

Section 5

(a) Having throughout history longed to know the unknown, all persons enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion.

(b) No entity of the Union, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.

Section 6

(a) All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner and not to express them at all.

(b) No entity of the Union, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.

Section 7

Everyone within the Union has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.

Section 8

Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.

Section 9

All persons, who by free will reside in the Union, have the freedom of movement in the Union, to choose their own place of residence within the Union, subject to the respect of law, and to emigrate to a foreign country that will receive them.

Section 10

(a) Whenever any form of government instituted among the Peoples of the Union becomes so destructive that it refuses to, or is unable to, respect the rights and freedoms afforded the People whom it serves, it is not only the right of the same People, but duty, to alter or abolish the government and to institute a new institutions and systems of rule, respecting the rights and freedoms as through this chapter dictated.

Section 11

(a) The government of the Union is instituted for the advancement, protection and security of the people of the Union and not, under any circumstances, the particular advantage of any single individual, set of persons, family, or entity, whether within or without the Union.

(b) No entity of the State favour or disfavour any individual, set of persons, family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love (whether the love between hearts or the love between bodies), or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.

III
ERAIQ ALONDORON
SÆNATE D'L'JIONIE
STOBARTAR B'-W-UKTALO
[Senate of the Union]

Section 1

(a) The legislative competences of the Union are entrusted to the Senate of the Union which passes Measures.

(b) Measures in the form of law are known as Acts of Senate.

(c) Measures in the form of opinion are known as Resolutions of Senate.

(d) Measures ratifying international treaties are known as Instruments of Senate.

Section 2

(a) The Senate elects its members, known as senators, in a manner established by law.

(b) Notwithstanding the previous subsection, the original Senators under this Convention shall be listed in the second annexe.

(c) The Senate is presided over by the President of the Senate.

Section 3

Senators shall not be held liable outside the Senate for any speeches, debates or votes cast in the Senate.

Section 4

The Senate shall normally meet in public. If the Senate so elects, it may meet behind locked doors, provided that: (1) all measures passed by it are immediately released, and (2) within six months the full records must be released to the public.

Section 5

The Senate decides its own rules of procedure and election.

Section 6

The Senate may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.

IIII
AZDÊ ARANON
DEMENSJIE D'L'ROIEIE
STOB B'-U-PENA
[Court of the Prince]

Section 1

The executive competences of the Union are entrusted to the Court of the Prince.

Section 2

(a) The Court of the Prince is headed by the Prince.

(b) The Prince may appoint Ministers of the Union in whom the Prince delegates power.

(c) Ministers of the Union meet with the Prince in the Roth Zera.

Section 3

(a) The Prince is elected by the Senate in a manner that the Senate proscribes.

(b) The Prince assumes office by taking the solemn affirmation of office in the presence of the Senate (third annexe).

(c) The term of the Prince is three months. No Prince may serve more than two consecutive terms.

Section 4

The Prince shall be deemed to have been removed from the office

• 1. upon his or her death,
  2. if he or she resigns from office,
  3. if he or she ceases to be a citizen of the Union,
  4. if he or she has failed to assume office within seven days from election, or
  5. if he or she is removed from office by the Senate in a manner proscribed by the Senate.

Section 5

(a) The Regent, appointed by the Prince, exercises the duties of the office of the Prince

• 1. if the Prince declares a leave of absence until the Prince returns
  2. if the Prince has not been in contact with the government for more than 7 days. After four weeks of no contact from the Prince, the Senate will decide to extend the Regency or select a new Prince.
  3. if the Prince has been removed otherwise from office until the Senate selects a new Prince

(b) If a situation arises where the Prince has not appointed a Regent, or the Regent has not indicated assumption of duties within 3 days of an absence of the Prince as defined above, the Senate will select a Regent by simple majority vote.

V
AZDEXIS KÔBE ALONDORON
OUFFEN DEMENSJIE D'L'JIONIE
STOB U-WEXT ANJAR B'-W-UKTALO
[Supreme Court of the Union]

Section 1

The Supreme Court interprets the Convention and determines the level of adherence to the Convention of the Branches of the Union and of the Union's constituent States.

Section 2

(a) The Supreme Court shall consist of a President of the Supreme Court and any number of judges decided on by the Senate.

(b) The President of the Supreme Court and the judges of it are appointed by the Senate.

(b) Judges, including the President of the Supreme Court, may not be removed from office other than through their resignation or impeachment in the Senate.

Section 3

Except as otherwise provided by law, the Supreme Court shall be vested with rule-making power to under which it determined the rules of practice and court procedure.

VI
[Final provisions]

Section 1

A bill to amend the Senate shall, following the adoption of the Senate, be submitted to the authorities in Elwynn, Amokolia and Hurmu.

(1) If securing passage in all States of the Union according to their own constitutional procedures, the Convention is amended according to the bill..

(2) If not rejected within a month of any of the States of the Union, the Convention is amended according to the bill.

Section 2

(a) This Convention enters force upon [date].

(b) Upon entering force of this Convention, the new Senate shall meet to elect a Prince and elect a President of the Supreme Court.

FIRST ANNEXE

Legislative competences of the Union

• 1. Union finances, currency and central bank
  2. defence and the armed forces
  3. war and peace
  4. inter-State commerce
  5. election of the President of the Supreme Court of the Union
  6. quarantine
  7. census and statistics
  8. criminal and civil law
  9. organization of the Senate
  10. ratification of international agreements binding the Union
  11. all other matters incidental to the execution of legislative power.

Executive competences of the Union

• 1. foreign affairs
  2. atomic energy
  3. railways
  4. air, sea and space traffic
  5. border security
  6. appointment of advisers and civil servants
  7. appointment of regent

Judicial competences of the Union

• 1. procedure and organization of the Supreme Court of the Union
  2. cases arising under this Convention
  3. cases of martial law
  3. cases between States of the Union
  4. cases between a foreign Power and the Union
  5. cases between a foreign Power and a State of the Union
  6. attesting to oaths and contracts made under Union law

SECOND ANNEXE

Senator Octavius, for Araxion, president of the Senate

Senator Alexander, for the Lands left Behind (East Elwynn)

Senator Dariolin, for Iserdia and the Protectorates

Senator Erion, for Eliria and Utasia

Senator Jess, for Automatica, Leng and the Benacian Amokolia

Senator Loki, for Tielion Loki

Senator Osmani, for Alalehzamin

Senator Rraahan, for Lontinien

Senator Soleymân, Senator for Cape Farewell and the Lakes

THIRD ANNEXE

[solemn affirmation]

[Kaspar]

Malliki Tosha explains to me that it is odd to have a certain list called "executive competences", and I agree. It is the executive that performs what the legislature enacts, so the legislature makes a law mandating the Prince to act in a certain way.

So, I think the executive and legislative lists should be merged to one "Union competences" list.

[Kaspar]

Things to add:

-- that the Union and its States are governed under common law (important).

-- that the Union territories are territories belonging to the Union, but not any State of the Union. (Like DC or Puerto Rico in the USA)

-- that the Supreme Court decides on the constitutionality of things.

[Jess]

In order to get representation from each nation, I motion that each nation be entitled to at least 1 Senator, as is to not exclude any state.

[Kaspar]

That's a good idea.

[Nathan]

VI
[Final provisions]


Section 1


A bill to amend the Senate shall, following the adoption of the Senate, be submitted to the authorities in Elwynn, Amokolia and Hurmu.

Should be "A bill to amend the Convention" right?

----

I agree with the suggestions put forth, especially about ensuring at least one senator comes from each state.

I assume leaving the election procedures out of the constitution is to allow for more flexible electorates? Like one per Province/District/County if things really pick up or one per State if things drag way down or giving Territories a senator in special situations. And basically to ensure the Senate is composed of only active/participating citizens?

[Jess]

I agree. When we were in our (brief) heyday in Amokolia, we had one Sænator from each province. Something similar should definately work in Elwynn. In fact, if one region does not have a good amount of citizens to be represented, we could apportion a number of votes, not necessarily people, to each Nation. For example, if Elwynn has 7 citizens, and Amokolia only has 2, the Amokolians should be given an equal voice in the Senate, and a slightly aproportionate amount of votes, as is to not have one nation dominate in the Senate (similar to having the Senate/Representative system in the US, except only in one house)

[Kaspar]

Basically, the election for Senate is a confirmation of a person's commitment to the Union. We'll grant citizenship to everyone (even [censored]), but award those faithful to us by electing them to the Senate. The Senate elects them. The Act on elections will be smooth and flexible, maybe even having automatic "elections" and so on.

Updated draft:

[Kaspar]

CONVENTION
BETWEEN
ELWYNN, AMOKOLIA AND HURMU
ON THE GOVERNMENT OF THEIR UNION

I.
ALONDOR ELLION, AMOKÔLIAR O ERIMÔON
JOIJNIE D'L'ELWYJN, L'AMOKOLIË ÜND L'EERMIUJ
B-UKTALO W-ELWIN, W-AMOKOLYA LA B'-U-HURMU
[Union of Elwynn, Amokolia and Hurmu]

Section 1

Elwynn, Amokolia and Hurmu are united in one body-politic and Union under the name the Union of Elwynn, Amokolia and Hurmu.

Section 2

The Government of the Union is divided into three branches: the Senate of the Union, the Court of the Prince and the Supreme Court of the Union.

Section 3

Citizenship in the Union extends to the nationals of Elwynn, of Amokolia and of Hurmu, to such individuals naturalized as citizens of the Union in accordance with law, and to such individuals who by international agreement are considered citizens of the Union.

Section 4

(a) The jurisdiction of the Union covers the territories of Elwynn, of Amokolia and of Hurmu.

(b) The jurisdiction of the Union also extends to the Union territories.

Section 5

The Union is by its constituent States -- Elwynn, Amokolia and Hurmu -- entrusted with the legislative, executive and adjudicative competences listed in the first annexe to this Convention.

Section 6

The Union is open for membership to all peace-loving States respecting the Rights and Freedoms of the Person. Membership is effected by amendment to this Convention.

Section 7

Each constituent country shall each have authority to seek their independence from the Realm, the process and ratification of which shall be determined by an act of the Senate.

Section 8

Union territories are territories not under the jurisdiction of a constituent State. Senate holds full power to legislate for Union territories.

Section 9

The Union shall ensure that the system of common law within the Union remains intact.

LE AÎL O AURAI NIERON
AIGHT ÜND FRIJDEM D'L'PERSON
BE-YIL- LA B-AN'EBLEN-KA B'-U-KARJAK
[Rights and Freedoms of the Person]

Section 1

All persons are born equally free and independent, and have unalienable rights, among which are the enjoyment and defence of life and liberty and pursuing and obtaining happiness and safety.

Section 2

(a) No person in the Union, whether born in the country or brought over from across seas or borders, or any person in the Union's protection, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that is an offence under codifed or common law in the Union.

(b) No person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated.

Section 3

No person may be condemned to death. The right to life of a person is inviolable.

Section 4

No person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.

Section 5

(a) Having throughout history longed to know the unknown, all persons enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion.

(b) No entity of the Union, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.

Section 6

(a) All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner and not to express them at all.

(b) No entity of the Union, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.

Section 7

Everyone within the Union has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.

Section 8

Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial that is public and impartial.

Section 9

All persons, who by free will reside in the Union, have the freedom of movement in the Union, to choose their own place of residence within the Union, subject to the respect of law, and to emigrate to a foreign country that will receive them.

Section 10

(a) Whenever any form of government instituted among the Peoples of the Union becomes so destructive that it refuses to, or is unable to, respect the rights and freedoms afforded the People whom it serves, it is not only the right of the same People, but duty, to alter or abolish the government and to institute a new institutions and systems of rule, respecting the rights and freedoms as through this chapter dictated.

Section 11

(a) The government of the Union is instituted for the advancement, protection and security of the people of the Union and not, under any circumstances, the particular advantage of any single individual, set of persons, family, or entity, whether within or without the Union.

(b) No entity of the State favour or disfavour any individual, set of persons, family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love (whether the love between hearts or the love between bodies), or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.

III
ERAIQ ALONDORON
SÆNATE D'L'JIONIE
STOBARTAR B'-W-UKTALO
[Senate of the Union]

Section 1

(a) The legislative competences of the Union are entrusted to the Senate of the Union. The Senate passes Measures.

(b) Measures in the form of law are known as Acts of Senate.

(c) Measures in the form of opinion are known as Resolutions of Senate.

(d) Measures ratifying international treaties are known as Instruments of Senate.

Section 2

(a) The Senate elects its members, known as senators, in a manner established by law. Each constituent State must be represented with at least one senator.

(b) Notwithstanding the previous subsection, the original senators under this Convention shall be listed in the second annexe.

(c) The Senate is presided over by the President of the Senate.

Section 3

Senators shall not be held liable outside the Senate for any speeches, debates or votes cast in the Senate.

Section 4

The Senate shall normally meet in public. If the Senate so elects, it may meet behind locked doors, provided that:
(1) all measures passed by it are immediately released, and
(2) within six months the full records must be released to the public.

Section 5

The Senate decides its own rules of procedure and election.

Section 6

The Senate may conduct investigations in relation to government and may demand the presence and testimony of witnesses and the production of records.

IIII
AZDÊ ARANON
DEMENSJIE D'L'ROIEIE
STOB B'-U-PENA
[Court of the Prince]

Section 1

The executive competences of the Union are entrusted to the Court of the Prince.

Section 2

(a) The Court of the Prince is headed by the Prince of the Union.

(b) The Prince may appoint Ministers of the Union in whom the Prince delegates power.

(c) Ministers of the Union meet with the Prince in the Roth Zera.

Section 3

(a) The Prince is elected by the Senate in a manner that the Senate proscribes.

(b) The Prince assumes office by taking the solemn affirmation of office in the presence of the Senate (third annexe).

(c) The term of the Prince is, at its longest, three months. No Prince may serve more than two consecutive terms.

Section 4

The Prince shall be deemed to have been removed from the office

• 1. upon his or her death,
  2. if he or she resigns from office,
  3. if he or she ceases to be a citizen of the Union,
  4. if he or she has failed to assume office within seven days from election, or
  5. if he or she is removed from office by the Senate in a manner proscribed by the Senate.

Section 5

(a) The Regent, appointed by the Prince, exercises the duties of the office of the Prince

• 1. if the Prince declares a leave of absence until the Prince returns
  2. if the Prince has not been in contact with the government for more than 7 days. After four weeks of no contact from the Prince, the Senate will decide to extend the Regency or select a new Prince.
  3. if the Prince has been removed otherwise from office until the Senate selects a new Prince

(b) If a situation arises where the Prince has not appointed a Regent, or the Regent has not indicated assumption of duties within 3 days of an absence of the Prince as defined above, the Senate will select a Regent by simple majority vote.

V
AZDEXIS KÔBE ALONDORON
OUFFEN DEMENSJIE D'L'JIONIE
STOB U-WEXT ANJAR B'-W-UKTALO
[Supreme Court of the Union]

Section 1

(a) The Supreme Court of the Union interprets the Convention and determines the level of adherence to the Convention of the Branches of the Union and of the Union's constituent States.

(b) The Supreme Court of the Union hears cases arising under this Convention, cases of martial law, cases between States of the Union, cases between a foreign Power and the Union, cases between a foreign Power and a State of the Union.

(c) The Supreme Court holds power to overturn actions and Acts repugnant to the Convention.

Section 2

(a) The Supreme Court shall consist of a President of the Supreme Court and any number of judges decided on by the Senate.

(b) The President of the Supreme Court and the judges of it are appointed by the Senate.

(b) Judges, including the President of the Supreme Court, may not be removed from office other than through their resignation or impeachment in the Senate.

Section 3

Except as otherwise provided by law, the Supreme Court shall be vested with rule-making power to under which it determined the rules of practice and court procedure.

VI
[Final provisions]

Section 1

A bill to amend the Convention shall, following the adoption of the Senate, be submitted to the authorities in the constituent States.

(1) If securing passage in all States of the Union according to their own constitutional procedures, the Convention is amended according to the bill.

(2) If not rejected within a month of any of the States of the Union, the Convention is amended according to the bill.

Section 2

(a) This Convention enters force upon [date].

(b) Upon entering force of this Convention, the new Senate shall meet to elect a Prince and elect a President of the Supreme Court.

FIRST ANNEXE

Competences of the Union

1. defence and the armed forces
2. war and peace
3. energy
4. foreign affairs and relations with foreign Powers
5. inter-State and extra-Union trade and commerce, banking and insurance
6. audits
7. taxation
8. communications
9. borders, immigration and border security
10. navigation of the seas and the air

SECOND ANNEXE

Senator Octavius, for Araxion, president of the Senate

Senator Alexander, for the Lands left Behind (East Elwynn)

Senator Dariolin, for Iserdia and the Protectorates

Senator Erion, for Eliria and Utasia

Senator Jess, for Automatica, Leng and the Benacian Amokolia

Senator Loki, for Tielion Loki

Senator Osmani, for Alalehzamin

Senator Rraahan, for Lontinien

Senator Soleimân, Senator for Cape Farewell and the Lakes

THIRD ANNEXE

“I, [name], having been elected Prince of the Union, solemnly affirm that I will be true and faithful to the Union and I will not, directly or indirectly, do any act or thing injurious to the People of the Union or the Laws or Government of the Union. All of this that I have solemnly promised, I affirm under the pains and penalties of perjury.”

[Lord Erion]

A suggestions for some minor amendments (and also one question)...

[Union of Elwynn, Amokolia and Hurmu]:
Section 4
(b) The jurisdiction of the Union also extends to all other Union territories.

Section 8
Union territories are territories not under the jurisdiction of a constituent State. The Senate holds full power to legislate for Union territories.

Section 9
The Union shall ensure that its internal system of common law remains intact.

[Senate of the Union]
Section 2
(Do the existing rules of the Senate constitute "law", or should "law" read "the Rules of the Senate"?)

Section 4
The Senate shall normally meet in public. If the Senate so resolves, it may meet in private, provided that:
(1) all measures passed by it are immediately released, and
(2) within six calendar months the full records must be released to the public.

[Court of the Prince]
Section 2
(a) The Court of the Prince shall be headed by the Prince of the Union.

(b) The Prince may appoint and delegate powers to Ministers of the Union.

(c) Ministers of the Union shall meet with the Prince in the Roth Zera.

Section 3
(a) The Prince shall be elected by the Senate in a manner that the Senate proscribes.

(b) The Prince shall assume office by taking the solemn affirmation of office in the presence of the Senate (third annexe).

(c) The term of office of the Prince shall be no longer than three calendar months. No Prince may serve more than two consecutive terms.

[Kaspar]

I am in agreement with those amendments. I shall bring them together in the corpus text.